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Public Policy
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April 03, 2026
FDA Won't Stop Nicotine Pouch Sale During Court Battle
The U.S. Food and Drug Administration has told a vape manufacturer that it won't stop the production or sale of its "Zone" nicotine pouches until the company's lawsuit accusing the agency of unlawfully sitting on its application has been resolved.
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April 03, 2026
Law360 Announces The Members Of Its 2026 Editorial Boards
Law360 is pleased to announce the formation of its 2026 Editorial Advisory Boards.
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April 03, 2026
Ex-Mass. House Ethics Chair Fights Pension Loss Over Fraud
A former state lawmaker who once chaired the Massachusetts House Ethics Committee says his conviction on fraud charges should not cost him his state pension, and has brought a complaint seeking judicial review of a lower court's forfeiture order.
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April 03, 2026
Progressive Org. Rolls Out $3M Anti-Trump High Court Push
President Donald Trump does not have any vacancies on the U.S. Supreme Court, but a progressive court advocacy organization is not waiting for a justice's departure to launch a multimillion-dollar campaign opposing a possible Trump pick.
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April 03, 2026
Ill. Businesses Score Win In 7th Circ. BIPA Retroactivity Ruling
The Seventh Circuit's holding that a liability-limiting amendment to Illinois' biometric privacy law applies retroactively to all cases pending before the change took effect is a major victory for businesses facing potentially enormous damages in those lawsuits, and offers important clarity for the lawyers handling them and negotiating settlements, attorneys told Law360.
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April 03, 2026
Justice Alito Treated For Dehydration After Federalist Event
U.S. Supreme Court Justice Samuel Alito felt ill during a Federalist Society event last month and was seen by a doctor "out of an abundance of caution," the high court announced on Friday.
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April 03, 2026
ITC Finds Algerian Rebar Harming US Industry, Duty To Come
The U.S. International Trade Commission on Friday found imports of Algerian steel rebar are harming U.S. industry, setting up the U.S. Department of Commerce to install an antidumping duty order.
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April 03, 2026
Groups Sue To Block Drilling Near Lakota Sacred Site
A group of Indigenous rights and conservation nonprofits is asking a South Dakota federal court to vacate the government's decision to greenlight an exploratory drilling project within the Black Hills National Forest, arguing it will directly impact a sacred Lakota site used by countless generations.
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April 03, 2026
Ex-DOJ Official Wants Epstein-Talk Suit Kept In District Court
A former U.S. Department of Justice acting deputy chief who was fired last year after a hidden-camera video of him discussing the Epstein files was posted online has told a D.C. federal judge his due process case must survive in district court because the Trump administration now controls federal oversight agencies.
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April 03, 2026
Clean Energy Tax Credits Could Gain Ground In Tax Planning
Discounted pricing and risk-limiting contracts are driving large companies to buy clean energy tax credits to lower their IRS bills, a move experts said could become standard in corporate tax planning.
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April 03, 2026
Commerce Orders Duties On Chinese, Malaysian Float Glass
The U.S. Department of Commerce imposed countervailing and antidumping duties on imported Chinese float glass, along with countervailing duties on Malaysian imports, according to orders published Friday.
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April 02, 2026
Conn. Senator Eyes May Passage For AI, Data Broker Bills
A Connecticut state senator behind a pair of legislative proposals regulating data brokers, surveillance pricing, chatbots and the use of artificial intelligence in the employment context told Law360 that he remains confident the measures will pass before the legislative session ends next month, although he acknowledged some provisions could drop out.
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April 02, 2026
Widespread Abuse At Texas ICE Center, Report Claims
Adults, children and infants have suffered medical neglect, unsanitary conditions and "routine mistreatment" at the hands of federal agents running a U.S. Immigration and Customs Enforcement center in Texas, according to a report that calls for the site's immediate closure.
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April 02, 2026
5th Circ. Suggests Evidence Still Usable Despite Miranda Gaffe
The Fifth Circuit on Thursday gave federal prosecutors in Mississippi a second chance to prove a defendant in a drug trafficking case voluntarily waived his rights during a police interview because he continued to speak with investigators even after being misled.
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April 02, 2026
Ex-Rabobank Officer Pushes OCC Again For $4M In Fee Fight
Attorneys of a former Rabobank compliance officer told the Ninth Circuit that the Office of the Comptroller of the Currency should not be allowed to abandon a "ruinous" failed enforcement action without paying $4 million to cover the fees and expenses incurred during the litigation.
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April 02, 2026
Georgia Midwifery Laws Violate State Constitution, Suit Says
A trio of midwives are challenging Georgia laws that restrict their ability to practice, arguing that the statutes exacerbate an ongoing maternal health crisis and conflict with the Peach State's constitution.
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April 02, 2026
Treasury Proposes State Stablecoin Rules Meet OCC Standard
The U.S. Department of the Treasury is seeking public feedback on a proposal that would counsel states to ensure their stablecoin regulatory regimes implement much of the Office of the Comptroller of the Currency's coming federal rules for issuers of the stable-value tokens.
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April 02, 2026
USPTO Lets Patent Owners Argue Against Reexam Requests
The U.S. Patent and Trademark Office will now allow patent owners to file a brief explaining why an ex parte reexamination of their patent should not be instituted, a move the office said was spurred by "the recent increased volume" of such proceedings.
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April 02, 2026
10th Circ. Agrees To Rehear Colo. Opt-Out Interest Rate Suit
The Tenth Circuit agreed Thursday to rehear en banc banking groups' request for the court to take another look at their challenge to a Colorado law intended to curb high-cost lending in the state, vacating a November ruling that restored the law.
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April 02, 2026
16 DOGE Staffers Ordered Unmasked In Data Privacy Suit
The government must publicly identify more than a dozen Department of Government Efficiency agents in a lawsuit alleging the U.S. Office of Personnel Management unlawfully gave DOGE access to millions of federal employees' personal information, a Manhattan federal judge has ruled, saying the staffers are not entitled to confidentiality.
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April 02, 2026
FCC Seeks $4.5M Fine Against Fla. Provider Over Robocalls
The Federal Communications Commission demanded an Orlando-based voice service provider shell out $4.5 million for allowing into U.S. networks foreign robocall traffic that appeared to spoof legitimate bank numbers.
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April 02, 2026
Petition To Repeal Legal Pot Mobilizes A Showdown In Mass.
A campaign to repeal the legalization of retail cannabis in Massachusetts via ballot initiative — the first campaign of its kind in the country — is uniting legalization advocates, entrepreneurs and industry players in a coordinated response to defeat the effort before it spreads to other states.
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April 02, 2026
FTC Warns About Ending Tenn. Oversight Of Ballad Health
Federal Trade Commission staff has warned Tennessee legislators about the potential harm to patients if they pass a proposal to end the state's oversight of Ballad Health while the hospital system still has a monopoly.
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April 02, 2026
Trump Admin Seeks Reversal Of DC National Guard Injunction
The Trump administration called on the D.C. Circuit to fully unravel an injunction barring the deployment of the D.C. National Guard and other states' National Guards in the District of Columbia, arguing that the deployments are "plainly lawful."
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April 02, 2026
Advocacy Groups Take Aim At Trump's Order On Mail Voting
A coalition of advocacy groups urged a D.C. federal judge to block parts of an executive order President Donald Trump issued to limit mail voting, calling it an unconstitutional intrusion into election regulations that promises to burden people's right to vote.
Expert Analysis
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New Orphan Drug Law Provides A Key Fix For Pharma Cos.
The Consolidated Appropriations Act enacted last month restores the U.S. Food and Drug Administration's long-standing interpretation of "same disease or condition," related to orphan drug exclusivity, resolving years of regulatory uncertainty and litigation that have discouraged rare disease research, say attorneys at Spencer Fane.
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Stablecoin Yield Reform Raises Stakes For Community Banks
Risks for community banks are heightened by the Clarity and Genius Acts, which establish stablecoin market parameters and may lead to traditional bank fund withdrawals in the long term, but a recent Senate amendment to the former bill could prevent deposit runoff, says Thomas Walker at Jones Walker.
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How Iran War Might Reshape Proxy Contests This Year
The Iran war may function as a short-term poison pill for proxy contests, not because it strengthens corporate defenses, but because it increases the risks associated with activist commitments, say attorneys at Sidley.
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Opinion
PTAB Needs Reform To Protect Inventors From Larger Cos.
The Promoting and Respecting Economically Vital American Innovation Leadership Act is necessary because it will impose additional requirements on patent validity challenges and prevent large corporations from taking advantage of the Patent Trial and Appeal Board to overwhelm small inventors with repeated litigation, says Eb Bright at ExploraMed Development.
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What To Watch At The 2026 ABA Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition among developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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FDA User Fee Talks Offer Clues On Upcoming Reforms
As the U.S. Food and Drug Administration undergoes the User Fee Act reauthorization process and renegotiates its user fee agreements over the next several months, the agency's consultation meetings with relevant industries can shed light on the FDA's priorities, and provides stakeholders an opportunity to participate in the reform process, say attorneys at Holland & Knight.
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Changes Coming To The SBIR And STTR Programs
Legislation recently approved by Congress to reauthorize the Small Business Innovation Research and Small Business Technology Transfer Programs includes changes focused on national security that would improve transparency but also increase applicants' administrative burdens, slow the awards process and likely increase litigation, say attorneys at Fluet & Associates.
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What FINRA Enforcement Changes Mean For Investigations
It is essential for in-house counsel and compliance officers to familiarize themselves with the Financial Industry Regulatory Authority's recently announced changes to its enforcement program, which offer both clearer visibility into FINRA's expectations and a valuable opportunity to strengthen regulatory readiness, say attorneys at Eversheds Sutherland.
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One Idea To Fix The SEC's Risk Factor Disclosure Rules
U.S. Securities and Exchange Commission Chairman Paul Atkins recently invited the industry to suggest ways to reform the current risk factor disclosure framework, and amending Rule 10b-5 is one potential option to consider, say attorneys at A&O Shearman.
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Navigating Venezuelan Oil And Gas Sanctions Rollbacks
The U.S. Department of the Treasury's Office of Foreign Assets Control has issued a series of general licenses representing the broadest easing of Venezuela-related sanctions in years, and creating significant new opportunities — but only for entities prepared to meet the rigorous conditions attached to OFAC's phased sanctions relief, say attorneys at Winston & Strawn.
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7 Employer Tips For Handling Calif. Privacy Risk Assessments
Recent changes to the California Consumer Privacy Act require certain employers to complete detailed risk assessments before handling workforce data in many routine ways, so employers should assess whether previous risk assessments can be reused or combined, assemble a team, and create a plan of action, among other steps, say attorneys at Littler.
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Breaking Down State Legislative Efforts In Telecom Security
As the federal government has strengthened national security safeguards for the telecommunications ecosystem, states have also asserted a role in telecom security, with variations among these regimes risking regulatory fragmentation and complicating compliance strategies, say attorneys at Hogan Lovells.
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Agentic AI Use May Trigger Existing Consumer Finance Laws
As artificial intelligence agents interact more and more with payment systems, financial institutions should be cognizant of how existing consumer protection laws like the Equal Credit Opportunity Act apply when transactions are executed by automated systems rather than individuals, noting authorization and liability gaps, say attorneys at Sheppard.
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SEC Guidance Further Solidifies Status Of Tokenized Assets
The U.S. Securities and Exchange Commission recently released a statement that tokenized securities are securities governed by traditional securities laws, representing continued regulatory clarity and the development of expanded technical standards and risk management guidelines that can only improve the long-term viability of financial markets, say attorneys at Barnes & Thornburg.
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FDA Framework For Personalized Therapies Raises Questions
The U.S. Food and Drug Administration's new plausible mechanism framework for developing individualized therapies reflects the agency's focus on rare-disease drugs, but numerous significant, unresolved issues cast uncertainty on how effective the framework will be in practice, say attorneys at Ropes & Gray.